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ORDINANCE NO. 95-0-05
AN ORDINANCE AMENDING ARTICLE III (CITIZEN CODE
ENFORCEMENT BOARD) OF CHAPTER 2 (ADMINISTRATION) OF THE
CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA;
PROVIDING THAT APPOINTMENTS TO THE BOARD SHALL BE MADE IN
THE SOLE DISCRETION OF THE CITY COUNCIL; PROVIDING THAT
WHERE A CONDITION CAUSING A VIOLATION REPRESENTS A
SERIOUS THREAT TO PUBLIC HEALTH, SAFETY AND WELFARE A
HEARING MAY BE HELD IMMEDIATELY; PROVIDING THAT WHEN THE
CITY PREVAILS IN PROSECUTING A CASE, THE CITY SHALL BE
ENTITLED TO RECOVER ALL COSTS INCURRED; PROVIDING FOR
NOTICE BY POSTING; PROVIDING FOR THE IMPOSITION OF A FINE
IN REPEAT VIOLATIONS FROM THE DATE THE CODE INSPECTOR
FOUND THE VIOLATION TO HAVE OCCURRED; PROVIDING FOR
REPAIRS AND THE IMPOSITION OF THE COST OF REPAIRS;
PROVIDING THAT A LIEN RUNS IN FAVOR OF THE CITY;
PROVIDING FOR THE COLLECTION OF ALL COSTS INCURRED IN
RECORDING AND SATISFYING A LIEN; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Since the amendment of Article III. Citizen Code
Enforcement Board in 1993, Chapter 162, Florida Statutes, has been
amended.
2. It 1S necessary to amend Article II I. Citizen Code
Enforcement Board to be consistent with Chapter 162, Florida
Statutes.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF ARTICLE III. (CITIZEN CODE ENFORCEMENT
BOARD) OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA.
Article III of Chapter 2 1S hereby amended as follows:
Sec. 2-50.
Organization; membership; standards of conduct;
conflict of interest.
(a) Composition; qualifications. The city council shall
appoint a seven-member citizen code enforcement board based upon
the following standards and qualifications:
(2) Appointments shall be made on the basis of experience or
interest in code enforcement in the sole discretion of
the city council. 'I'he membership of the enforcement
board shall whenever possible include an architect, a
businessman, an engineer, a general contractor, a
subcontractor, and a realtor.
Sec. 2-52. Enforcement procedure.
(d) If the code inspector has reason to believe a violation
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or the condition causing the violation represents a
serious threat to the public health, safety, and welfare
or if the violation is irreparable or irreversible in
nature, the code inspector shall make a reasonable effort
to notify the violator and may immediately request a
hearing.
Sec. 2-53. Conduct of hearing.
(b) Each case before the enforcement board shall be presented
by the director of cOIfu'1luni ty development or his designee.
If the city prevails in prosecuting a case before the
enforcement board, the city shall be entitled to recover
all costs incurred in prosecuting the case before the
board.
Sec. 2-55. Notices.
(b) In addition to providing notice as set forth in
subsection (a), notice may also be served by publication
or postinq, as follows:
ill In lieu of publication as described in (1) above,
such notice may be posted for at least 10 days in
at least two locations, one of which shall be the
property upon which the violation is alleqed to
exist and the other shall be City Hall.
ill Proof of postinq shall be by affidavit of the
person postinq the notice, which affidavit shall
include a copy of the notice posted and the date
and places of its postinq.
(d) Evidence that an attempt has been made to hand deliver or
mail notice as provided in subsection (a), together with
proof of publication or postinq as provided in subsection
(b), shall be sufficient to show that the notice
requirements of this part have been met, without regard
to whether or not the alleged violator actually received
such notice.
Sec. 2-56. Fines, costs of repairs, andler liens.
(a) The enforcement board, upon notification by the code
inspector that an order of the board has not been
complied with by the set time, or upon finding that a
repeat violation has been committed, may order the
violator to pay a fine in an amount specified in this
section for each day the violation continues past the
date set for compliance or, in the case of a repeat
violation, for each day the repeat violation continues
beqinninq with the date the repeat violation is found to
have occurred by the code inspector p.::l.ot the d.::l.te of
notice to the '.dol.::l.tor of the rcpe.::l.t viol.::l.tion. In
addition, if the violation is a violation described in
Section 2-52(d), the enforcement board shall notify the
city council, which may make all reasonable repairs which
are required to bring the property into compliance and
charqe the violator with the reasonable cost of the
repairs alonq with the fine imposed pursuant to this
section. If a finding of a violation or a repeat
violation has been made, a hearing shall not be necessary
for issuance of the order imposing the fine.
(b) A fine imposed pursuant to this section shall not exceed
two hundred fifty dollars ($250.00) per day for a first
violation and shall not exceed five hundred dollars
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($500.00) per day for a repeat violation, and in addition
may include all costs of repairs pursuant to Section 2-
56 (a) .
(e) A certified copy of an order imposing a fine may be
recorded in the public records and thereafter shall
constitute a lien against the land on which the violation
exists and upon any other real or personal property owned
by the violator. Upon petition to the circuit court such
order may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy
against the personal property, but such order shall not
be deemed a court judgment except for enforcement
purposes. A fine imposed pursuant to this section shall
continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this section,
whichever occurs first. A lien arising from a fine
imposed pursuant to this section runs in favor of the
city and the city council may execute a satisfaction or
release of lien entered pursuant to this section. After
three (3) months from the filing of any lien which
remains unpaid, the enforcement board may authorize the
city attorney to foreclose on the lien. No lien created
pursuant to the provisions of this section may be
foreclosed on real property which is a homestead under
Section 4, Article X of the State Constitution.
Sec. 2-57. Duration of lien.
No lien provided by this article shall continue for a
longer period than twenty (20) years after the certified copy
of an order imposing a fine has been recorded, unless within
that time an action to foreclose on the lien is commenced in
a court of competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to recOVer all
costs, including a reasonable attorney's fee, that it incurs
in the foreclosure. The city shall be entitled to collect all
costs incurred in recording and satisfyinq a valid lien. The
continuation of the lien effected by the commencement of the
action shall not be good against creditors or subsequent
purchasers for valuable consideration without notice, unless
a notice of lis pendens is recorded.
PART B.
CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
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PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilman
Hatfield, the vote on the first reading of this ordinance held on
April 17, 1995, was as follows:
Mayor Jack H. Hayman, Sr. ABSENT
Councilman Danny K. Hatfield AYE
Vice Mayor Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
"st day of May, 1995.
CITY COUNCIL OF THE
C TY OF EDOENATER, FLOR A
ey:
ack H. H aa, Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
dn`4
ksta A. Storely
City Attorney
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